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Issue link: http://airportbusiness.epubxp.com/i/122648
legal matters Define the Differences As a general matter, the primary distinctions between actions under Parts 13 and 16 are rooted in issues of formality, legal standing to bring a cause of action, and the potential for and type of recovery available to a complainant. Part 13: The Less Formal Option Part 13 is the less-formal option for filing a complaint with the FAA and, as a general matter, the only avenue available to those complainants who cannot satisfy the standing requirements for Part 16 (discussed below). Complaints may be made in writing, or even orally, pursuant to Subsection 13.1, to any FAA regional and/or district office. Typically, all such complaints are relayed to FAA regional staff for relatively informal investigation, as warranted. This informal investigation will usually entail correspondence from the FAA investigator or specialist to the airport sponsor wherein a copy of the complaint is forwarded to the airport sponsor for review and response. Thereafter, the FAA personnel handling the dispute will review the responses from the airport sponsor and determine: • Whether the dispute is within the jurisdiction of the FAA, and • Whether the allegations in the complaint are supported by sufficient evidence to support further investigation. If the FAA determines that neither of these conditions are satisfied with respect to any of the individual allegations in the complaint, those allegations will be dismissed without further action. The remaining allegations, if any, will continue to be investigated. Following any additional investigation, the handling FAA regional office will issue an informal determination setting forth the region's position on the allegations in the complaint. Of particular note, there is no deadline imposed under Part 13 for the issuance of an informal determination by the FAA. 28 airportbusiness April 2013 Subsection 13.5 of Part 13 does contemplate the filing of formal complaints seeking "an appropriate order or other enforcement action" with the Office of the Chief Counsel, Enforcement Docket in Washington, D.C. In the event, however, that the complaint does not observe the formalities required under Subsection 13.5, the FAA will simply treat it as an informal report pursuant to Subsection 13.1. If the complaint does satisfy the formal requirements, … the primary distinctions between actions under Parts 13 and 16 are rooted in issues of formality, legal standing to bring a cause of action, and the potential for and type of recovery available to a complainant. the complaint will be docketed and mailed to the party against whom the complaint is levied. Thereafter, the respondent is afforded 20 days from receipt of the complaint to answer. Following receipt of respondent's answer, the administrator determines whether there are reasonable grounds for investigating. If no such reasonable grounds exist, the administrator may simply dismiss the complaint without a hearing or further investigation. However, if the administrator determines that reasonable grounds exist for further investigation, the matter may be pursued informally or a more formal order of investigation may be issued. Thereafter, if the additional investigation substantiates the allegations in the complaint, the administrator may issue a notice of proposed order or other enforcement action as appropriate. While Part 13 does contemplate the potential for formal investigations, practical experience demonstrates a trend toward the less formal handling of such matters. To this end, the recommended approach in Part 13 matters is to submit a written Part 13 complaint with copies of any and all supporting documentation. Upon receipt of the complaint, the FAA will assign the matter internally for investigation. Part 16 – The More Formal Option Part 16 affords the more formal avenue for pursuing claims against an airport sponsor, with a system more akin to litigation in a traditional court setting. There are set guidelines and deadlines for pleading (up to and including certifications of pleadings and very stringent filing requirements), discovery guidelines to obtain evidence, and the opportunity in some instances for a trial-like hearing. The formal requirements for an initial complaint are set forth at Subsection 16.23. It is imperative that a complainant carefully follow the rules, as failure to observe the formalities and requirements set forth therein may, and likely will, result in administrative dismissal. Of particular note, there are two primary requirements for standing, or the legal ability to initiate and pursue, a Part 16 action: • You (as an individual or an entity) must have been or must currently be "directly and substantially affected" by the alleged noncompliance of the airport sponsor as to the grant assurances; and • You (as an individual or an entity) must, prior to filing a Part 16